“In fact, there is no ‘keep moving’ requirement under any Birmingham ordinance or state law.”

One protester who kept moving was allowed to continue the protest, but Delaney was arrested and charged with loitering after she “questioned the officers and asserted her free speech rights,” the release states.

The charges were dismissed when the ACLU intervened.

“As long as we’ve had sidewalks, we’ve had people who use them to exchange ideas and persuade their neighbors of their views,” stated Dan Korobkin, ACLU of Michigan staff attorney.

“The rights to assemble, petition, protest and leaflet without police interference are vital to American democracy and nowhere are those rights more protected than on our public sidewalks.”

Delaney is a member of the Southeast Michigan Animal Rights Team and has been involved in animal rights advocacy for more than 20 years, the release states.

The group had been protesting for about 45 minutes on December 15, 2012, before police were called. Beth was holding a picture of two rabbits on a sign that said “Fur Kills; Don’t Buy It.”

“Birmingham police have always pressured us to keep moving because of this basic loitering ordinance, but I never thought I would be arrested and charged with a crime,” Delaney stated.“I think it’s important to speak out when our free speech is threatened because if we let it go, it could happen anytime and to anyone.”

The suit is asking a federal judge to “rule the Birmingham Police Department’s practice of misusing its loitering ordinance to prosecute peaceful protesters is unconstitutional,” the release states.

“In addition to alleging that police violated Beth’s First Amendment rights to protest and question a police officer without fear of retaliation, the ACLU contends police officers violated Beth’s Fourth Amendment rights by detaining her without reasonable suspicion and arresting her without probable cause that she had committed any crime.”

Contact Dave Phillips at 248-745-4631 or dave.phillips@oakpress.com. Follow him on Twitter @dave_phillips1.